Conflict of Laws header image

Archive

Giesela Ruehl

A spectre is haunting Europe – the spectre of human rights lawsuits. Striking human rights cases have always enjoyed high media attention. But lately, they appear in a new dimension in Europe. The headline-grabbing “KiK” trial before the Regional Court of Dortmund and the current discussion about the adoption of a German Supply Chain Law are proof of this: It has long ceased to be a mere thought that German companies could be held liable in Germany for damage that occurred somewhere in their global supply or value chain. But are civil courts and arbitral tribunals suited at all for enforcing international human rights obligations of business enterprises, which are already highly controversial under substantive law?

Trending topics in international and EU law

Maria Caterina Baruffi (University of Verona) and Matteo Ortino (University of Verona) have edited the book «Trending topics in international and EU law: legal and economic perspectives». It collects the proceedings of the conference «#TILT Young Academic Colloquium», held in Verona on 23-24 May 2019 and organized by the Law Department of the University of Verona in collaboration with the Ph.D. School of Legal and Economic Studies and the European Documentation Centre.

The event fell within the activities of the research project «Trending International Law Topics – #TILT» supervised by Maria Caterina Baruffi and funded by the programme «Ricerca di base 2015» promoted by the University of Verona. It was specifically targeted to Ph.D. students and early career scholars, selected through a Call for Papers. The book publishes the results of their research with the aim of fostering the scientific debate on trending topics in international and EU law and their impact on domestic legal systems. 

RabelsZ, Issue 1/2020

The first 2020 issue RabelsZ has just been released. It features the following articles:

Magnus, Robert, Unternehmenspersönlichkeitsrechte im digitalen Raum und Internationales Privatrecht (Corporate Personality Rights on the Internet and the Applicable Law), pp. 1 et seq

A postdoctoral fellowship at the Faculty of Law at the Hebrew University is available for the academic year of 2020-2021. The position is part of the “Old Identities, New Times: Does the Common Legal Identity Withstand Modernity?”, a research project headed by Dr Sharon Shakargy and funded by the Israeli Science Foundation (grant 835/18).

The research project deals with items of personal status, such as age, sex, religion, marital status, parenthood, legal capacity, and the changes in the regulation and perception thereof. The project investigates these items of personal status comparatively, focusing on Western legal systems but not limited to them. More details on the project are available here.

Scholars interested in perusing independent work related to the questions mentioned above are invited to apply. 

The University of Milan announces the first edition of the Master Programme on International Trade Compliance Control (IntTradec) to be held in Milan at the Department of International, Legal and Historical-Political Studies,

The Programme aims to train professional figures called to work within the Export Control Program, with a specific focus on International Trade Law, Private International Law, Customs Law and Tax Law.  It includes teaching activities and workshops for a total of 500 hours, and a training period of 300 hours.

More information is available here (in Italian).

Director: Prof. Angela Lupone, University of Milan

The Law Department at the London School of Economics and Political Science (LSE) is pleased to host a Public Lecture by Visiting Professor Hannah Buxbaum, on ”Reasonableness’ Limits in Extraterritorial Regulation’.


About the topic:
Extraterritorial regulation has become commonplace. States frequently apply their laws to foreign conduct in order to protect local economic interests—and sometimes to advance shared interests, such as the protection of human rights. Are there limits to these exercises of state authority? If so, what is the source and content of those limits? This lecture will investigate the role of “reasonableness” as a limitation on extraterritorial regulation. It will focus in particular on developments in the United States, where the recently adopted Restatement (Fourth) of Foreign Relations Law has reframed the role of international law in limiting the reach of national legislation.

Written by Prof. Dr. Stefan Arnold, Thorben Eick and Cedric Hornung, University of Münster

Digitization, Artificial Intelligence and the blockchain technology are core elements of a historic transformation of modern society. Such transformations necessarily challenge traditional legal concepts. Hitherto, the academic discourse is much more intense in the area of substantial private law than it is in the area of Private International Law. Thus, a conference on the specific challenges of Artificial Intelligence and Digitization for Private International Law was long overdue. Stefan Arnold and Gerald Mäsch of the Institute of International Business Law (WWU Münster) organized a conference with that specific focus on November 8th at Münster University. The title of the conference was »Conflict of laws 4.0: Artificial Intelligence, smart contracts and bitcoins as challenges for Private International Law«. Around a hundred legal scholars, practitioners, doctoral candidates and students attended the conference.

The Graduate Programm “Dynamic Integration” at the Faculty of Law of Humboldt-University Berlin wishes to fill two PhD positions (fellowships), funded by the German Research Foundation (Deutsche Forschungsgemeinschaft). Applications from private (international) lawyers are especially welcomed.

For more information see here.

Written by Dr Rishi Gulati, Barrister, Victorian Bar, Australia; LSE Fellow in Law, London School of Economics

The interaction between public and private international law is becoming more and more manifest. There is no better example of this interaction than the Shape v Supreme litigation ongoing before Dutch courts, with the most recent decision in this dispute rendered in December 2019 in Supreme Headquarters Allied Powers Europe (“SHAPE”) et al v Supreme Site Service GmbH et al (Supreme), COURT OF APPEAL OF ‘s-HERTOGENBOSCH, Case No. 200/216/570/01, Ruling of 10 December 2019 (the ‘CoA Decision’). I first provide a summary of the relevant facts. Second, a brief outline of the current status of the litigation is provided. Third, I make some observations on how public and private international law interact in this dispute. 

European Association of Private International Law (EAPIL)

We are happy to officially announce that the European Association of Private International Law (EAPIL) has recently been founded!

An independent and non-partisan organization registered as a non-profit association under the laws of Luxembourg, EAPIL aims to promote the study and development of private international law by fostering the cooperation of academics and practitioners  as well as the exchange of information on the sources of the discipline, its scholarship and practice.

To learn more about EAPIL – and to become a member – please check out the Association’s website.

To learn about the EAPIL founding conference, to be held at the University of Aarhus (Denmark) in May 2020, please visit the official conference website.